Monday, December 17, 2018

Myanmar Parliament passes trademarks law



The long-awaited Myanmar Trademark and Geographical Indication Law was passed by the Lower House on December 12, 2018 following its adoption by the Upper House on February 15, 2018. The new law is likely to be enacted at the end of December 2018 or within the first quarter of 2019.

Among several notable changes, the new law introduces a "first-to-file" system that requires no evidence of prior use or ownership in Myanmar. The law significantly improves the ability of trademark owners to counter bad-faith trademark squatting and, in cases where infringement is found, provides higher potential damage and fine amounts and customs actions. In addition, the law introduces substantive examination of applications, oppositions, inv
alidation and cancellation actions, and envisages establishing a specialized Intellectual Property Court to handle all IP disputes. The new law also clarifies protection for “well-known” trademarks, provides trademark publication and renewal, makes available multi-class applications and priority claim, and extends the availability to register shape and packaging as trademarks. Geographical indications (e.g. Champagne, Cognac) are also protected through registration.

There is no procedure for automatically re-registering marks which are recorded under the current system. Therefore, marks and geographical indications currently recorded with the Registry of Deeds and Assurance must be re-applied for once the law enters into force, otherwise they will lose their validity. This is according to Section 92 of the new law, “The trademark owner who has registered at the Office of Registrar of Deeds and Assurances in accord with the Registration Act before this law is coming into force, desirous of enjoying the rights of the registration of mark, shall file an application in accord with this law to get the rights of registered mark.” The transition period to re-apply for a mark or geographical indication will probably be three to six months after the law is enacted/entered into force.

The documents required to re-filing marks are: 
1.   Completed application form provided by IP Office;
2.   Original duly recorded Declaration of Ownership of Trademark at the Registry of Deeds and Assurances;
3.   Evidence of use may also be required such as photo of the product/shop in the Myanmar market or Customs Clearance;

Other IP laws are also expected to be enacted soon by the Lower House.

4 comments:

  1. This is COMPLETELY different from copyright, which only protects the form of expression used by the author and prevents duplication and distribution of that work, regardless of what it is CALLED. It also has nothing to do with "patents", which only protect inventions, not what they're called.

    ip law firms port moresby

    ReplyDelete
  2. This comment has been removed by a blog administrator.

    ReplyDelete
  3. Although therapy has become more tolerable and once daily FDC tables have made it easier to adhere to prescribed treatment, it still requires that patients take their medication regularly to achieve sustained viral suppression. When treatment adherence is inadequate and replication is therefore not suppressed, But dr itua promised and fulfilled his promised to me as he said I will share his work to people that are suffering from Infertility, Herpes, Hepatitis A/B, Fibroid, HIV/ Aids, Alzheimer's disease, Arthritis, Copd, Diabetes, Liver/Kidney Inflamotry, Fibromyalgia, Parkinson's disease, I have read a lot of testimony online from Jesus McKinney,Achima Abelard and Tara Omar on how dr itua heal them with his herbal medicine I contacted him on Email drituaherbalcenter@gmail.com then we talk on whatsapp +2348149277967 he gave me instruction on how to drink it for two weeks then after drinking it for two weeks I went for test then I find out I was cured of HIV, I thank him allot i also send him some money for appreciation, Contact this great herbal doctor if you are a sick person.

    ReplyDelete